The interplay of the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and Workers' Compensation laws has been referred to as the "Bermuda Triangle of employment law." It is imperative that employers recognize and understand the interplay of the ADA, FMLA and Workers' Compensation laws. Employers have legal responsibilities to comply with these laws or face significant violations for noncompliance. Employers also have ethical and moral responsibilities to ensure employees receive the benefits and protections these laws provide.
Each of these three laws serve different purposes. The ADA prohibits discrimination. The FMLA sets minimum leave standards. Workers' Compensation laws provide for payment of compensation and rehabilitation for workplace injuries and minimize employer liability. Legal compliance can get confusing when these regulations seemingly overlap or seem almost contradictory to implement. This is the case when the ADA, the FMLA, and Workers' Compensation intersect. The intersecting of these three laws is complicated and open to problems if not handled correctly. Violations of these laws may result in lost wages, back pay, employee reinstatement, retroactive benefits, compensatory and punitive damages.
Additionally, this seminar will also discuss the Families First Coronavirus Act, the Emergency Family and Medical Leave Expansion Act, and the Emergency Paid Sick Leave Act. These three pieces of legislation were enacted in spring of this year as a result of the Coronavirus and intersect with the Family and Medical Leave Act.
Why you should attend
Participation in this 5-hour seminar will provide participants with a clear understanding of the provisions of each of these laws, how they interact with each other, how to incorporate that information into company policies, and how to communicate those policies to employees.
The majority of unscheduled and scheduled absences are related to the illness of employees or their family members. Under those circumstances, one, both, or all three of these laws may be involved. Violations of these laws may result in lost wages, back pay, reinstatement, retroactive benefits, compensatory damages, and punitive damages. In addition to employers’ legal responsibilities, employers also have moral and ethical responsibilities to ensure employees receive the benefits and protections these laws provide.
Who Will Benefit
- Senior Leadership
- Human Resources Professionals
- Compliance Professionals
- Payroll Professionals
- Operations Professionals
- Managers & Supervisors
Diane L. Dee, President of Advantage HR Consulting, LLC has over 25 years of experience in the Human Resources arena. Diane's background includes experience in Human Resources consulting and administration in corporate, government, consulting and pro bono environments. Diane founded Advantage HR Consulting, LLC in early 2016. Under Diane's leadership, Advantage HR provides comprehensive, cost-effective Human Resources solutions for small to mid-sized firms in the greater Chicagoland area. Additionally, Diane conducts webinars on a wide-variety of HR topics for various compliance training firms across the country.
Diane holds a Master Certificate in Human Resources from Cornell University's School of Industrial and Labor Relations and has attained SPHR, SHRM-SCP, sHRBP and HRPM certification. Diane is a member of the National Association of Women Business Owners and the Society for Human Resource Management. Additionally, Diane performs pro bono work through the Taproot Foundation assisting non-profit clients by integrating their Human Resources goals with their corporate strategies.
Time: 08:00 AM PDT | 11:00 AM EDT
- Understanding the specific provisions of the ADA, the FMLA, and Workers' Compensation laws
- Families First Coronavirus Act, the Emergency Family and Medical Leave Expansion Act, and the Emergency Paid Sick Leave Act provisions
- Recognizing and analyzing the interplay of the ADA, the FMLA, and Workers' Compensation laws: What's the risk for the employer?
- Enforcement authorities for ADA, FMLA, Workers' Compensation laws
- Running afoul of the Equal Employment Opportunity Commission (EEOC)
- Impact of State-enacted laws
- Considering medical leave requests through the lens of the ADA, FMLA, and Workers' Compensation
- Reviewing an organization's leave policies and their implications for ADA, FMLA, and Workers' Compensation
- Reflecting ADA, FMLA and Workers' Compensation regulations in an organization's policies
- Communicating leave policies to employees
- Best practices for keeping your organization compliants
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